It shall be unlawful for any person, firm or corporation to conduct
a carnival, fair, circus or other exhibition or special event in Cresskill
without first having received a permit in accordance with the conditions and
limitations as set out in this article.
All carnivals, fairs, circuses, exhibitions and special events shall
operate between the following hours only:
A. Monday through Friday: 9:00 a.m. to 11:00 p.m.
B. Saturday: 9:00 a.m. to 11:00 p.m.
C. Sunday: 11:00 a.m. to 10:00 p.m.
A fee of $100 shall be paid by the applicant at the time of the application.
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be subject to a fine not exceeding $1,000, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
As used in this article, the following terms shall have the meanings
indicated:
AUTOMATIC AMUSEMENT DEVICE
A.
This article is intended to apply to any machine which, upon the insertion
of a coin, slug, token plate or disk or operated for any other consideration,
may be operated by the public generally for use as a game, entertainment or
amusement, whether or not registering a score, including but not limited to
such devices as video games, pinball machines, skill ball, mechanical grab
machines, billiard tables, bowling games and all games, operations or transactions
similar thereto under whatever name they may be indicated. In addition to
electromechanical devices, it shall include video-type devices or similar
devices that use a display screen for points, lines and dots of light that
can be manipulated to simulate games or other types of entertainment.
B.
This article shall not apply to coin-operated amusements commonly known
as "kiddie rides," more specifically, those coin-operated machines which are
sat upon or in and cause a certain motion or gyration following the insertion
of a coin and are designated primarily for use by children under the age of
10. It shall also not apply to music-playing devices such as jukeboxes. Shooting
galleries where guns or firearms which fire projectiles are used for an amusement,
prize or otherwise are not intended to be included in this article and shall
not be licensed or permitted within the limits of the Borough.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another
for use in his or her premises, whether under lease or any similar arrangement.
OPERATOR
Any person in whose premises any automatic amusement device is placed
or kept for operation.
PERSON
Any person, firm, corporation, partnership or association.
The purpose of this article is to regulate and control all automatic
amusement devices and license those devices which are operated for the purpose
of making a profit. The objective of this article is to prevent nuisances
to patrons and the public, fire hazards from overcrowding, poor ingress and
egress, the promotion of gambling, loitering or the creation of an unhealthy
atmosphere for the youth of the community or other foreseeable undesirable
effects arising from the use of automatic amusement devices.
The Zoning Officer or the chief law enforcement officer, or his or her
designee, may make an investigation of the premises and the applicant to determine
the truth of the facts set forth in the application. The Fire Prevention Officer,
or his or her designee, may inspect the premises to determine whether said
premises comply with existing fire regulations of the Borough. The Zoning
Officer or the chief law enforcement officer and Fire Prevention Officer may,
upon completion of their inspections, attach to said application their reports
thereon in writing. Upon receipt of said application and inspection reports,
if any, the Mayor shall proceed to consider the same and shall either approve
or disapprove the issuance of the license to said applicant. If the applicant
is approved, the Mayor authorizes the Borough Clerk to issue the necessary
license upon the receipt of the license fee or fees as herein provided.
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be subject to a fine not exceeding $1,000, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof. Each day that a violation occurs
or is committed shall constitute a separate offense.